(A) All applicants for land use approval within a geologic hazard study area shall prepare and submit a geologic hazard report (may be combined with a geotechnical and/or other geologic reports) pursuant to the requirements of this subchapter prior to any consideration for a concept plan; preliminary or final plat; commercial, institutional or one-, two- and multi-family dwelling; or any conditional use permit which requires site plan approval. Additionally, the applicant is required to submit the following additional information:
(1) A written, stamped certification from a state-licensed professional geologist that the geologic hazard report has been prepared pursuant to the requirements of this subchapter;
(2) A written, stamped certification from a state-licensed professional geologist and a professional engineer that every proposed development lot, building pad and parcel does not present an unreasonable or unacceptable risk to the health, safety and welfare of persons or property, including buildings, storm drains, public streets, culinary water facilities, utilities or critical facilities, whether off-site, on adjacent properties or on-site, because of the presence of geologic hazards or because of modifications to the site due to the proposed land use;
(3) A written, stamped certification from a state-licensed professional geologist and a professional engineer that every proposed development lot, building site and parcel layout demonstrates that, consistent with regional standards of practice, the identified geologic hazards can be mitigated to a level where the risk to human life and damage to property are reduced to an acceptable and reasonable level in a manner which will not violate applicable federal, state and local statutes, ordinances and regulations. Mitigation measures shall consider in their design, the intended aesthetic functions of other governing ordinances of the county;
(4) A written, stamped certification from a state-licensed professional geologist and a professional engineer along with a mitigation plan, if necessary, that demonstrates that the identified hazards or limitations will be addressed without impacting or adversely affecting off-site areas, including adjacent properties. Mitigation measures must be reasonable and practical to implement and shall not require ongoing maintenance by property owners; and
(5) Written verification from the issuer of professional errors and omissions liability insurance, in the amount of $2,000,000 each, which covers the state-licensed professional geologist and professional engineer, and which are in effect on the date of preparation and submittal of all required reports and certifications.
(B) The county may set other requirements as are necessary to mitigate any geologic hazards and to ensure that the purposes of this subchapter are met. These requirements may include, but are not limited to:
(1) Additional or more detailed investigations and professional certifications to understand or quantify the hazards and/or determine whether mitigation measures recommended in the report are adequate;
(2) Specific mitigation requirements, establishing buildable and non-buildable areas, limitations on slope grading, controls on grading and/or revegetation;
(3) Prior to receiving a grading, excavation or building permit, final grading plans, when required, shall be prepared, signed and sealed by the state-licensed professional engineer and the engineering geologist (professional geologist) and geotechnical engineer (professional engineer) that prepared the geologic hazard and geotechnical report(s) to verify that their recommendations have been appropriately incorporated in the final grading plan and that building locations are approved;
(4) As built grading plans, when required, shall be prepared, signed and sealed by the state-licensed professional geologist and professional engineer that prepared the geologic hazard and geotechnical report(s) to verify that their recommendations have been appropriately incorporated and that building locations are approved, prior to the issuance of a building permit;
(5) Grading plans, when required, shall include, at a minimum, the following:
(a) Maps of existing and proposed contours and the source and accuracy of topographic data used;
(b) Present and proposed slopes for each graded area;
(c) Existing and proposed drainage patterns;
(d) Location and depth of all proposed cuts and fills;
(e) Description of the methods to be employed to achieve soil and/or rock stabilization and compaction, as appropriate;
(f) Location and capacities of proposed structures, and drainage and erosion control measures based on maximum runoff for a 100-year storm or greater;
(g) Location of existing buildings, structures, roads, wells, retention and other basins, and on-site sewage disposal systems on or within 100 feet of the site that may be affected by the proposed grading and construction; and
(h) A plan for construction monitoring and documentation of testing, field inspection during grading and reporting to the county.
(6) Installation of monitoring equipment for surface and subsurface geologic conditions, including determining groundwater levels; and
(7) Other requirements, such as time schedules for completion of the mitigation and phasing of development.
(C) The county may also set requirements necessary to protect the health, safety and welfare of the citizens of the county, protect the county’s infrastructure and financial health and minimize potential adverse effects of geologic hazards to the public health, safety and property as a condition of approval of any development which requires a geologic hazard report.
(D) The county may require the engineering geologist and geotechnical engineer that prepared the geologic hazard and/or geotechnical report(s) to be on-site, at the cost of the applicant, during certain phases of construction, particularly during grading phases and the construction of retaining walls in excess of four feet in exposed height and geologic hazard mitigation.
(E) The county shall review any proposed land use that requires preparation of a geologic report under this subchapter to determine the possible risks to the health, safety and welfare of persons, property and county infrastructure from geologic hazards.
(1) Prior to consideration of any request for preliminary plat approval or site plan approval, the geologic report, if required, shall be submitted to the county for review.
(2) The county will complete each review in a reasonable time frame, not to exceed 45 days.
(3) All direct costs associated with the review of the geologic report shall be paid by the applicant.
(4) The county shall determine whether the report complies with the following standards:
(a) A suitable geologic hazards report has been prepared by qualified, state-licensed professionals;
(b) The proposed land use does not present an unreasonable risk to the health, safety and welfare of persons or property, including buildings, storm drains, public streets, culinary and other water facilities, utilities or critical facilities, whether off-site or on-site, or to the aesthetics and natural functions of the landscape, such as slopes, streams or other waterways, drainage or wildlife habitat, whether off-site or on-site, because of the presence of geologic hazards or because of modifications to the site due to the proposed land use;
(c) The proposed land use demonstrates that, consistent with the current, regional state of practice, the identified geologic hazards can be mitigated to a level where the risk to human life and damage to property are reduced to an acceptable and reasonable level in a manner which will not violate applicable federal, state and local statutes, ordinances and regulations. Mitigation measures should consider in their design, the intended aesthetic functions of other governing ordinances, such as the county’s Sensitive Lands Overlay Zone. The applicant must include with the geologic report, a mitigation plan that defines how the identified hazards or limitations will be addressed without impacting or adversely affecting off-site areas. Mitigation measures must be reasonable and practical to implement, especially if such measures require on-going maintenance by property owners; and
(d) Should a geologic report be found deficient with respect to this subchapter and/or the current, regional state of practice, a letter will be provided to the applicant summarizing the specific deficiencies. If a report is found deficient three times or a report was excessively deficient, the county may notify the state’s Division of Occupational and Professional Licensing about the licensed professional(s) deficient reports that were submitted to a public entity that were not in compliance with Utah Admin. Code R156-76-502 (professional geologists) and/or R156-22-502 (professional engineers).
(F) For any real property with respect to which development has proceeded on the basis of a geologic hazard and/or geotechnical report which has been accepted by the county, no final inspection shall be completed, certificate of occupancy issued, or performance bond released until the engineering geologist and geotechnical engineer who signed, stamped and approved the report(s), certifies in writing, that the completed development, improvements and structures conform to the descriptions and requirements contained within the report, and that all the required inspections were made and approved by the engineering geologist and geotechnical engineer that prepared said report(s). If the preparing engineering geologist and geotechnical engineer are unavailable, an engineering geologist and geotechnical engineer, similarly qualified and licensed in the state, shall provide the certifications.
(G) An applicant may appeal any decision made under the provisions of this subchapter only after the land use authority has issued a final decision and shall set forth the specific grounds or issues upon which the appeal is based. The appeal shall be submitted in writing to the county in accordance with the appeals provisions of this chapter and current state code.
(H) The county shall retain a copy of each geologic hazard and/or geotechnical report in the Planning and Development Services Department project file, which will be available for public inspection and will provide a copy to the UGS for archiving. Currently, the UGS archives these reports in the GeoData Archive System (https://geodata.geology.utah.gov/pages/search.php?search=!collection476).
(Prior Code, § 8-5I-11) (Ord. 10-02, passed 6-1-2010; Ord. 19-09, passed 10-15-2019; Ord. 21-07, passed 6-15-2021)